Useful Links
U.S. Citizenship and Immigration Services (USCIS) Website
Social Media
Statistics
Annual Caps for H-1B for Fiscal Years: 85,000 visas
- 65,000 visas
- 20,000 visas for the master’s cap*
The master’s cap – individuals with advanced degrees from U.S. institutions.
Topics
Yes and No in Employment for H-1B Visa Holders
Employment restrictions H-1B visa holders should be aware of, along with some practical tips.
Holding an H-1B visa isn’t just paperwork - it’s a story. And like any good story, it has rules, risks, and moments when you wonder what’s waiting around the next corner. Your role in this journey isn’t passive. You’re not just a passenger; you’re the one steering the wheel. To stay safe, you need your tools: knowledge, alertness, curiosity, and a steady hand on the facts.
In this article, we’ll look at some of the “yes” and “no” of employment restrictions for H-1B holders. And before it’s over, we’ll leave you with some helpful tips, just the kind that might keep the ground solid beneath your feet. Let’s begin.
The “Yes” List of H-1B Employment
1. Multiple Jobs
Yes, you can work for multiple employers concurrently. With an H-1B visa, you can hold more than one job - if every role qualifies as a specialty occupation and your work hours are realistic. That’s the keyword: realistic.
USCIS has the power to deny one or both, if they believe your workload isn’t humanly possible. Working two full-time jobs (40+ hours each) is like telling someone you sleep with your eyes open - technically possible, but suspicious. Ask yourself: can one person really work 80+ hours a week and survive it?
A safer, saner route? One full-time H-1B position and one part-time concurrent job (10–20 hours per week). Still ambitious. Still legal. And most importantly, still believable.
2. Switch Employers (Portability Rule)
Yes, you can change employers - but you don’t just pack your box and walk out.
Your new employer must file a new H-1B petition for you.
You must still be in valid H-1B status, with no unauthorized work since your last lawful entry to the U.S.
| Green Light | Red Flag |
|---|---|
| You can start working for your new employer as soon as USCIS receives the petition. It doesn’t have to be approved yet. | If your current H-1B has expired or you’ve fallen out of status, portability is off the table. |
3. Material Job Changes With Your Existing H-1B Employer
If your job with your current H-1B sponsor is changing in a meaningful way: a new title, new duties, different location, bump in salary, - that’s your cue. Your employer must file an amended H-1B petition along with a new Labor Condition Application (LCA).
Skipping this step is like building a house on a sinkhole. USCIS might not notice right away, but when they do (and they will), future filings can get delayed or denied.
Cost-wise? Filing an amendment usually runs from $1,210 to $4K+, depending on whether you use premium processing or involve an attorney.
If your change is small - say, an internal promotion within the same job category and same location - no amendment is required. Still, your employer should document everything and keep it in the LCA Public Access File. Think of it as your insurance policy.
If you’re thinking about making any of these changes, do yourself a favor: talk to an immigration attorney. A quick consult now can save you from a mess later. Because falling out of status? That’s not a twist ending you want.
The “No” List of H-1B Employment
And now, it’s time for the NOs
Those hard boundaries H-1B visa holders absolutely cannot cross:
🚫 NO Working for an Employer Without H‑1B Approval
You cannot work for any U.S. employer unless they’ve filed - and USCIS has received or approved - a valid H‑1B petition for you.
That means no unpaid gigs, no freelance work, no exceptions for companies not listed on your approved petition. Every employer you work for must have their own approved H‑1B petition, even if it’s part-time or just a side job.
🚫 NO Self-Employment Without a Strict Structure
You can’t just start your own business and sponsor yourself on an H-1B visa unless the company is set up to clearly separate you from control. USCIS demands a true employer-employee relationship.
This means:
- Your company must have a board or authority that oversees your employment.
- It must prove it can pay your salary and has a real, functioning business plan.
- Simply opening an LLC and filing your own H‑1B won’t cut it.
🚫 NO Working Outside the Approved Job Role or Location Without Filing an Amendment
You cannot switch up your job duties, title, or work location in any significant way without filing an amended petition first. Because with H-1B rules, silence isn’t golden.
A promotion, a transfer to a new city, or even a new job function without USCIS approval can trigger a visa violation or cause future petitions to be denied. Even working remotely from a different metro area may require a new Labor Condition Application (LCA) and an amendment.
🪄 Practical Tips
And now, some practical tips for navigating employment restrictions as an H-1B visa holder to help you stay compliant and proactive:
1. Never “volunteer” for a second employer.
You cannot do unpaid work or internships for another U.S. company without H-1B sponsorship, even if it’s in your industry. USCIS sees any service to a U.S. entity without proper authorization as unauthorized employment. Pay or no pay, it’s a violation.
2. Know your LCA work location inside and out.
Your H-1B ties you to a specific geographic location listed on your Labor Condition Application (LCA). Check your original LCA and your H-1B approval notice (Form I-797).
Thinking of moving? Talk to your employer first, if your new work address isn’t listed, even remote work from a different city might require an amended petition.
3. Don’t assume “same company” means no new petition.
Sometimes, different divisions or subsidiaries are legally separate entities. That means a new or amended petition might be needed. Always confirm whether the new employer is the exact same employer-of-record listed on your current H-1B.
4. Keep your original job description handy.
Keep your original job description handy - and compare it to what you actually do. If your role has slowly morphed into something else, your employer may need to file an amendment.
5. Document every change.
There is no such thing as “minor.” Keep a personal file: job offers, promotion letters, updated job descriptions, pay stubs, notices of title or location changes - everything. This paper trail can make all the difference for H-1B extensions, green card applications, or if USCIS ever asks for proof you’ve stayed on track.
6. Thinking about launching a startup, working part-time, or consulting?
Get a legal review from an immigration attorney first. You can work for your own company under H-1B, if they sponsor you properly. That means filing a concurrent H-1B petition with that employer. Everything must be done formally to avoid status violations.
Stay cool. Keep your head clear. You’ve got this.